Following the landmark Supreme Court of Canada case called Machtinger v. HOJ Indutries Ltd., it became far more common for employers to require new employees to sign written employment contracts outlining the terms and conditions of the employment relationship. Why? Because as with any relationship,
What is the Impact of Retirement on Employee Severance Packages?
Human Rights Consideration As the "Baby-Boomer Generation" gets older over the next few years (those born between 1946 and 1964), there will be an increasing number of employees nearing retirement as they approach the of age 65. According to Statistics Canada, the average retirement age in Canada
How to Deal with a Wrongful Dismissal – Ontario Employees
How Are Wrongful Dismissal Cases Resolved in Ontario? When it comes to termination of employment and wrongful dismissals, employment lawyers typically deal with a wide range of different scenarios. The following describe a few examples: 1. The "New Manager/Owner" Scenario: The employee has been
Ontario – Infectious Disease Emergency Leave and Temporary Layoff
Temporary Layoffs in Ontario As covered before on this blog, employers may be able to place employees on a temporary layoff, particularly in response to business downturns. However, to do so, the employer must have prior permission in the form of a signed, valid employment contract authorizing
Got a New Employment Contract? Key Considerations for Employees in Ontario
Receiving a new job offer is an exciting time, often coming with a new role, a fresh start and - most importantly - higher pay and more employee perks and benefits. But with that new gig, a new employer may request that an employee sign a new "Employment Contract" before starting their first day on
Constructive Dismissal of Employees in Ontario: What is It? What Are Some Examples?
What is a Constructive Dismissal in Ontario? In employment law, a "constructive dismissal" means that an employer has acted in such a manner that it has essentially refused to perform its obligations under its employment contract with an employee. In other words, a constructive dismissal occurs
When is a Temporary Layoff Allowed? When is it a Constructive Dismissal?
Amid the COVID-19 pandemic and the significant economic disruptions on businesses across Canada, many employees were either terminated from their employment, or were placed on "temporary layoff" by their employers. While it may seem reasonable for employers to ask their employees to stay home while
What Are My Rights as an Employee in Ontario?
In Ontario, all workers are guaranteed certain (minimum) rights at work protected by law. In this article, we cover few main areas of legal protection that all employees enjoy, including when it comes to employment terms and conditions and human rights. Employment Employment law in Ontario is a